Section 319 in The Code of Criminal Procedure, 1973
319. Power to proceed against other persons appearing to be guilty of offence.
(1) Where ... have committed. (4) Where the Court proceeds against any person under sub-section (1), then - (a) the proceedings in respect of such person shall
which are reproduced hereunder:
“(1) When the power under sub-section (1) of Section 319 of the
Code of addition of accused can be exercised ... material before it for the purpose of the said
Section.
15. Section 319 Cr.P.C. allows the court to proceed against any
person
Section 319 in The Indian Penal Code, 1860
319. Hurt.—
Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt
issue summons separately under Section 193 of the
Code or would he have to wait till the stage under Section 319
of the Code ... Section 209 of the Code, the
Magistrate had no jurisdiction to associate any other person as accused in
exercise of powers under Section 319
section (2) of
Section 397 of Cr.P.C. Admittedly, in the instant case, before the
trial court the complainant’s application under Section 319 ... provisions contained in sub-section (2) of Section 397 or Section 401,
the complainant moved the High Court under Section
respondent No.
2 and have perused the record. Sub-section (1) of Section 319 says
that where in the course of any enquiry into ... observed:
"11. On a plain reading of Sub-section (1) of Section
319 there can be no doubt that it must appear from
this Court
HELD : 1.01. On a plain reading of sub-section (1) of
Section 319 there can be no doubt that it must appear from ... have
committed an offence along with others. Sub-section (2) of
section 319 came to be inserted in response to the Law
Commission
being recorded. The appellants are summoned as
additional accused persons under Section 319 of Code of Criminal Procedure,
1973 ( Cr.P.C .) to face ... application filed
by the complainant Harkesh Meena under Section 319 of Cr.P.C. This order
was challenged by the appellants before the High Court
under:
"(1) When the power under Sub-section (1) of
Section 319 of the Code of addition of accused can
be exercised ... what are the guidelines of
exercising power under Sub-section (1) of Section
319 of the Code? Whether such power can be
exercised only
Sections 147 , 148 , 149 , 307 and 302 of the Indian Penal Code and
Section 27 of the Arms Act as well as under Section ... application for
summoning the appellant in exercise of his power under Section 319 of the
Code of Criminal Procedure (for short "Code") , holding